Kamaljit Singh vs State Of Punjab And Another
2024 Latest Caselaw 9935 P&H

Citation : 2024 Latest Caselaw 9935 P&H
Judgement Date : 8 May, 2024

Punjab-Haryana High Court

Kamaljit Singh vs State Of Punjab And Another on 8 May, 2024

                                       Neutral Citation No:=2024:PHHC:064187
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CRM-M No.17611 of 2024 (O&M)

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

287
                                         CRM-M M No.17611 of 2024 (O&M)
                                         Date of Decision: 08.05.2024

KAMALJIT SINGH                                 ......
                                               ......Petitioner
         Vs
STATE OF PUNJAB AND ANOTHER                    ....Respondents

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJ
                                   MANUJA

Present:     Mr. Hitesh Chopra,
                        Chopra Advocate for the petitioner.

             Mr. Siddharth Sandhu, Asstt. A.G., Punjab.

        Mr. Kanav Gupta, Advocate forr respondent No.2.
             ****
HARKESH MANUJA, J. (Oral)

[1]. By way of present petition under Section 482 Cr.P.C., prayer has been

made for quashing of FIR No.0026 dated 11.03.2023 registered under Sections

307, 336, 387, 427 IPC and Sections 25/54/59 of Arms Act at P.S. Sadar

Gurdaspur, Tehsil and District Pathankot (Annexure P P-1) along with all other

subsequent proceedings arising therefrom on the basis of compromise dated

30.03.2024 (Annexure P-2).

[2]. The FIR in question was registered on the basis of complaint made by

respondent No.2 with regard to alleged incident of firing outside her house. Ass per

FIR, there are total five accused persons including the present petitioner.

[4]. In pursuance to order dated 09.04.2024 passed by this Court, whereby

the parties were directed to appear before the Illaqa Magistrate/Trial Trial Court for

getting their statements recorded as regards the veracity of compromise arrived at

between them, a report dated 25.04.2024 has been received from the concerned

court, stating that the compromise is genuine, voluntary and without any coercion coercio

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Neutral Citation No:=2024:PHHC:064187

or undue influence. The petitioner-accused petitioner has not been declared as proclaimed

offender. Moreover, there is no fire arm injury in the present case and the

petitioner is not involved in any other case.

[5]. Once, the compromise has been arrived at between the parties without

any pressure and respondent No.2 having no objection as regards quashing of FIR

as well as all other subsequent proceedings arising out of the same against the

petitioner; there does not appear to be any impediment as regards quashing of

present FIR qua the petitioner.. Even otherwise, in order to maintain peace and

harmony between the parties, particularly under the present circumstances wherein

the alleged offences have no societal interest interest involved, it would be appropriate to

render complete quietus to the aforementioned dispute by quashing the FIR on the

basis of compromise entered into between the parties.

[6]. The parties having settled their dispute so as to live in peace in future, future

no useful purpose would be served by proceeding further with the criminal

proceedings. In the light of above developments, no cause remains for the Trial

Court to invest further time and effort in adjudicating this FIR. The compromise in

question is even found to be fully in consonance with the direction issued by the

Court in the case(s) case of Kulwinder Singh & Ors. Vs. State of Punjab 2007(3) RCR

(Criminal) 1052 and Gian Singh Vs. State of Punjab & Anr., 2012(4) RCR (Crl.)

543.

[7]. Further, learned counsel counsel for the petitioner petitioner,, while placing reliance upon

the judgments passed by the Hon'ble Supreme Court iin the case of Jayrajsingh

Digvijaysinh Rana Vs. State of Gujarat and another, 2012(4) R.C.R. (Criminal)

589 and this Court in the case(s) of Joginder Singh & another Vs. State of Punjab

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Neutral Citation No:=2024:PHHC:064187

and another, passed in CRM-M M No.23739 of 2010 decided on 27.04.2011, 27.04.2011

Rajinder Singh Vs. State of Punjab & another another, passed in CRM-M M No.37395 of

2016 decided on 16.05.2017 and Vimal Kalra & others Vs. State of Punjab &

another, passed in CRM-M No.20355 of 2022, decided on 25.07.2022 submits that

partial quashing of the FIR is possible on the basis of a compromise.

[8]. Moreover, learned counsel for the petitioner on instructions from his

client, submit that he volunteer to serve public cause by providing one Cardiac

Monitor to the Civil Hospital, Gurdaspur, Punjab Punjab.

[9]. Thus, in view of the aforesaid facts, accompanied by statements of

both the parties as well as keeping in mind the law laid down in the

aforementioned entioned judgments, the FIR No.0026 dated 11.03.2023 registered under

Sections 307, 336, 387, 427 IPC and Sections 25/54/59 of Arms Act at P.S. Sadar

Gurdaspur, Tehsil and District Pathankot as well as all the subsequent proceedings

arising therefrom are hereby h quashed qua the petitioner.

[10]. Accordingly, petition stands allowed allowed, however, subject to providing

one Cardiac Monitor to the Civil Hospital, Gurdaspur Gurdaspur, Punjab within a period of

two weeks from today as volunteered by the petitioner against due receipt issued

by the concerned Civil Surgeon, who shall prepare an inventory in this regard for

its regular inspection by the Director concerned.

concerned. A copy of the receipt shall also

sent to the office Advocate General, General Punjab at the earliest for maintaining records

in this regard.


                                               (HARKESH MANUJA)
May 08, 2024                                       JUDGE
Atik
             Whether speaking/reasoned         Yes/No
             Whether reportable                Yes/No




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